§ 1021.106. Voluntary mediation.
(a) Upon request by all the parties, the Board may stay a matter for up to 120 days to allow the parties to utilize voluntary mediation services.
(b) The parties are responsible for selection of a mediator and payment of the mediator’s fees.
(c) The request shall be filed at least 14 days before initiation of hearings by the Board. The request shall identify the mediator selected and shall certify that the parties have made arrangements for payment of the mediator’s fee.
(d) At the end of the initial stay, the parties shall jointly file a report, prepared and signed by the mediator, setting forth whether the mediation has been successful or has a likelihood of success if the mediation process continues to proceed. The parties may request an additional stay if necessary to complete the mediation process.
(e) The grant of an additional stay for mediation is in the Board’s discretion and the Board may impose limitations the Board deems appropriate.
(f) A settlement reached by the parties as a result of voluntary mediation shall be submitted to the Board for approval under § 1021.141 (relating to termination of proceedings).
(g) Only a signed settlement agreement shall be binding and it shall bind only the parties signing it.
(h) A party’s participation in voluntary mediation may not be used as evidence in a proceeding before the Board. Communications between the parties during the mediation period shall be regarded as offers of settlement and are neither discoverable nor admissible as evidence in a proceeding before the Board.
(i) Subsections (a)—(h) supplement 1 Pa. Code § § 35.111 and 35.115 (relating to conferences to adjust, settle or expedite proceedings; and offers of settlement).
Authority The provisions of this § 1021.106 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).
Source The provisions of this § 1021.106 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial pages (388242) and (372833).
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